PacLII Home | Databases | WorldLII | Search | Feedback

Tuvalu Consolidated Legislation

You are here:  PacLII >> Databases >> Tuvalu Consolidated Legislation >> Plants Ordinance

Database Search | Name Search | Noteup | Download | Help

Plants Ordinance

LAWS OF TUVALU
REVISED EDITION 1978


CHAPTER 39


PLANTS


ARRANGEMENT OF SECTIONS


Section


PART I
PRELIMINARY


1. Short title
2. Interpretation
3. Quarantine officers


PART II
CONTROL OF PLANT IMPORTATION


4. Prohibition of the importation of certain plants
5. Restriction on places at which plants can be imported
5. Restrictions on importation
7. Powers of inspection and destruction
8. Restriction on the importation of earth
9. Powers of quarantine officers in respect of imported plants
10. Regulations controlling importation


PART III
ERADICATION OF PLANT DISEASE WITHIN TUVALU


11. Infected areas
12. Power to treat imported plants
13. Regulations controlling eradication of disease


PART IV
MISCELLANEOUS


14. Provision of services by quarantine officers and forms
15. Fees
16. Offences
17. The Government not liable for loss or damage
18. Powers relating to plants suspected to have been illegally imported


SCHEDULE

----------------------------------------


1 of 1976


An Ordinance to provide for the protection of plants within Tuvalu


Commencement: 1st March 1977
L.N. 12/77


PART I
PRELIMINARY


Short title


1. This Ordinance may be cited as the Plants Ordinance.


Interpretation


2. In this Ordinance unless the context otherwise requires-


"Agricultural Officer" means the Agricultural Officer for Tuvalu or the holder of such other office as the Minister may from time to time by notice designate;


"earth" includes soil, sand, ashes and' other similar material;


"Minister" means the Minister for the time being responsible for agriculture;


"pest" means any insect, mite, tick, slug, snail, bacterial or other vegetable or animal organism and includes the eggs, larvae, nymphs and pupae of any such pest and any agent causative of a plant disease which is or may be injurious to any domestic animal or domestic fowl;


"plant" or "plants" includes trees, shrubs, grasses, vegetables and vegetable growths and any portions thereof such as cuttings, buds, grafts, stalks, wood, roots, tubers, bulbs, seed, fruit, leaves, bark, fibre and flowers and portions thereof, and includes material containing such plant whether fresh, dried or otherwise treated, but does not include such timber or other plants products or manufactured articles derived from plant products as can be shown to the satisfaction of the Agricultural Officer to be incapable of carrying any plant disease or pest;


"plant disease" means any condition injurious to, or adversely affecting, any plant and includes the causative agent and any form, or stage of development of such condition;


"plant material" means plants and all items manufactured in whole or in part from a plant;


"prohibited plant" means any plant the importation or introduction of which into Tuvalu is prohibited by order under section 4;


"quarantine officer" means any person appointed by the Minister under section 3 to be a quarantine officer for the purpose of this Ordinance; and


"restricted plant" means any plant the importation or introduction of which into Tuvalu has been made subject to conditions and restrictions by virtue of an order under section 4.


Quarantine officers


3. (1) Quarantine officers shall be appointed by the Minister.


(2) It shall be lawful for any quarantine officer, in addition to the powers conferred on him by section 9, to enter upon any land or premises (other than a dwelling - house) in any part of Tuvalu for the purpose of searching for any plant disease or pest or examining any plant and for him to do all things necessary for the purposes of such search or examination or for otherwise carrying out his duties under the provisions of this Ordinance and any regulations made hereunder.


(3) Any person who wilfully hinders, obstructs or delays, or neglects or refuses to furnish to a quarantine officer acting in the performance of his duties any information required by him under this Ordinance or regulations made hereunder shall be liable to a fine of $50.


PART II
CONTROL OF PLANT IMPORTATION


Prohibition of the importation of certain plants


4. (1) For the purpose of protecting agriculture and livestock against the introduction from outside Tuvalu of pests and plant diseases the Minister may by order prohibit the importation or introduction into Tuvalu of any plants, including plants generally or specified plants generally or plants from any specified place, or specified plants from any specified place, and either absolutely or so as to allow the importation or introduction subject to specified conditions or restrictions.


(2) Any person who wilfully imports or introduces, or attempts to import or introduce, into Tuvalu any prohibited plant or any restricted plant in respect of which the conditions and restrictions applying thereto or any of them have not been complied with shall be liable to a fine of $1000 and to imprisonment for 12 months, and the plant shall be seized and destroyed by a quarantine officer.


Restriction on places at which plants can be imported


5. (1) Save with the express authority in writing of the Agricultural Officer no plant shall be imported into Tuvalu except through the port of Funafuti and the airport at Funafuti or such other ports or airports as may from time to time be designated by the Minister.


(2) The officer in charge of every post office at which any plant arrives shall notify the Agricultural Officer of the arrival as soon as practical thereafter.


Restrictions on importation


6. (1) No plant shall be imported into Tuvalu-


(a) except under and in accordance with the terms and conditions of-


(i) a notice under subsection (2), or


(ii) a permit first had and obtained under section 14 (1); and


(b) unless such plant is accompanied by a certificate substantially in accord with Form A as set out in Schedule 1, certifying it to be free from plant disease or pests, and signed by an official authorised to issue such certificates in the country in which the plant was produced or whence it was imported;

Schedule 1


(c) unless such plant is packed in packages and wrappings that are clean, new and have not previously been used, and which do not contain any sawdust, hay, chaff, leaves, straw, moss, vegetable fibre or forest litter as packing material; and


(d) unless such plant has been inspected by a quarantine officer and the quarantine officer has approved its release or onward transmission.


(2) The Minister may by notice declare that any plant which he shall specify may be imported without a permit under section 14(1), subject to such terms and conditions as he shall specify.


(3) Any plant and the package, including all packing material in which it is packed and any other article with which the plant has been in contact, may be seized and destroyed by a quarantine officer if the plant, package or packing materials are imported in contravention of the provisions of this section.


Powers of inspection and destruction


7. (1) No plant or container or wrapping in which the plant has been imported or any other article with which the plant has been in contact shall be released by an Officer of Customs within the meaning of the Customs Ordinance or by an officer of the post office, within the meaning of the Post Office Ordinance, until a quarantine officer has examined the said plant, container, wrapping, or other articles with which it has been in contact and it shall be the duty of the consignee or his agent to open from its covering any such plant and to afford every facility to the quarantine officer during his examination thereof.
Cap. 55
Cap. 65


(2) Plants held subject to the conditions of this section may when deemed necessary by the quarantine officer be fumigated and otherwise treated by him in such manner as he or the Agricultural Officer shall see fit, and the container, wrappings and other articles with which the plant has been in contact may be similarly treated or, if the quarantine officer or Agricultural Officer sees fit, destroyed.


(3) Any plant found to be infected with any plant disease, or to carry any pest or earth, shall in all cases be destroyed together with all containers, wrappings, and other articles with which the plant has been in contact.


Restriction on the importation of earth


8. (1) Except with the express permission of the Agricultural Officer, no earth shall be imported into Tuvalu.


(2) Any earth imported may be seized by a quarantine officer and disposed of in accordance with the Agricultural Officer's instructions.


(3) Any person who wilfully imports or introduces, or attempts to import or introduce, earth into Tuvalu, shall be liable to a fine of $1000 and to imprisonment for 12 months.


Powers of quarantine officers in respect of imported plants


9. (1) A quarantine officer may for the purpose of ascertaining whether or ensuring that the provisions of this Ordinance or any regulations made hereunder are being observed-


(a) enter and inspect any vessel or aircraft entering Tuvalu and open and examine any box, case or container of any sort carried thereon;


(b) require any passenger entering Tuvalu to state either orally or in a signed declaration in writing whether he is carrying any plants;


(c) search and examine the baggage and effects of any passenger entering Tuvalu; and


(d) fumigate or otherwise treat or cause to be fumigated or otherwise treated any such baggage or effects as he may reasonably suspect to have been exposed to infection or infestation by any plant disease or pest.


(2) A quarantine officer may seize any plant or other thing in respect of or in relation to which there is reasonable cause to believe that an offence under this Ordinance or regulations made hereunder has been, is being, or is likely to be committed and the master of every incoming vessel and the pilot of every incoming aircraft shall, in relation to his vessel or aircraft and every box, case or container therein or thereon, afford the quarantine officer every reasonable facility for so doing.


(3) A quarantine officer may deal with any plant seized under subsection (2) as if it had been held in pursuance of section 7.


Regulations controlling importation


10. The Minister may make regulations generally for the better carrying out of the control of plant importation, including the prescribing of forms, and, in particular, including the imposition of restrictions on and the treatment (whether by way of fumigation or howsoever otherwise) of vessels, aircraft and goods arriving from countries in which plant disease or pests that may be introduced into Tuvalu are known or suspected.


PART III
ERADICATION OF PLANT DISEASE WITHIN TUVALU


Infected areas


11. The Minister may at any time by notice declare any area within Tuvalu to be an infected area and prohibit the movements of plant material and plants into, out of or within that area.


Power to treat imported plants


12. (1) If a quarantine officer knows or has reason to believe that a plant imported into Tuvalu at any time is infected with any plant disease or carries any pest he may, with the authority of the Agricultural Officer, examine the said plant for the purpose of determining as far as possible whether any pest or plant disease is present and it shall be the duty of the owner to afford every facility to the quarantine officer during his examination.


(2) If the quarantine officer deems it necessary in respect of any plant examined or if' the plant is infected with any plant disease or carries any pest, he may proceed in accordance with the provisions of sections 7(2) and 7(3) as if the plant had been held in pursuance of that section.


Regulations controlling eradication of disease


13. The Minister may make regulations generally for the better carrying out of the provisions of this part of this Ordinance and, in particular, but without limiting the generality of the foregoing, for any or all of the purposes mentioned hereunder-


(a) to prescribe measures to be taken in infected areas to further prevent the introduction and spread of plant disease and pests and the eradication of the same;


(b) to further restrict the introduction into and movement of plants and plant material within areas lying outside infected areas;


(c) to give quarantine officers further powers to remove or destroy, or cause to be removed or destroyed, any plant or soil which is infected with plant disease or pest, and take such further steps as they may see fit to prevent the spread of the plant disease or pest; and


(d) to compensate owners for the destruction or removal of plant material in pursuance of the regulations.


PART IV
MISCELLANEOUS


Provision of services by quarantine officers and forms


14. (1) Any person desiring to import plant or plant material into Tuvalu and in respect of which no notice has been issued under section 6(2) and no order is in force under section 4 may request the issue of a permit permitting such importation and the Agricultural Officer may issue a permit in accord with Form B, as set out in Schedule 1, for the importation of such plant, subject to such terms and conditions including the detention and quarantine of the plant for not more than 1 year, as he may specify.


(2) Any person desiring to export plants or plant material may request the Agricultural Officer to have such plants or plant material examined and treated by a quarantine officer and a certificate issued in the form of Form A set out in Schedule 1.


(3) If, pursuant to a request in accordance with subsection (2), a quarantine officer is satisfied, after testing and thorough examination, and, if he thinks fit treatment (including fumigation), that the plant material is not infected with any plant disease and does not carry any pest, he may, on receipt of the fee set out in Schedule 2 issue a certificate in Form A as set out in Schedule 1.
Schedule 2


(4) The Minister shall have power by order to make or substitute new forms for those set out in Schedule 1.


Fees


15. (1) The fees set out in Schedule 2 shall be paid by or on behalf of any person wishing to export plant or plant material for the services performed and the issue of a certificate in pursuance of section 14(3).


(2) The Minister shall have power by order to substitute from time to time a new scale of fees for those prescribed in Schedule 2.


Offences


16. Any person who acts or attempts to act in contravention of any of the provisions of this Ordinance or of any order or regulation made hereunder or who refuses or neglects to observe or carry out any conditions, restrictions or requirements lawfully imposed hereunder or thereunder shall be liable, unless another penalty is provided for the offence elsewhere in this Ordinance, to a fine of $500 and to imprisonment for 6 months.


The Government not liable for loss or damage


17. No legal proceedings shall lie for any loss or damage that may result from anything lawfully done under the provisions of this Ordinance or any regulations made hereunder or from any process or detention that may be considered necessary or desirable to cleanse or disinfect any plant or other articles or goods, or to discover the existence or otherwise of any pest or plant disease.


Powers relating to plants suspected to have been illegal imported


18. (1) A quarantine officer may require any person possessing any plant which is being or has been imported to furnish proof that the importation of the plant is not unlawful by virtue of the provisions of this Ordinance.


(2) If proof under subsection (1) is not furnished to his satisfaction the quarantine officer may seize and destroy the plant.


_____________________________


SCHEDULE 1


FORMS
(Sections 6 and 14)


FORM ‘A’


MINISTRY OF COMMERCE AND NATURAL RESOURCES
Tuvalu
Plants Ordinance (CAP. 39)


PHYTOSANITARY CERTIFICATE


This is to certify that the plants, parts of plants or plant material shown below, or representative samples of them, have been thoroughly examined by a Quarantine Officer of the Ministry and found, to the best of his knowledge, to be substantially free from injurious pests and diseases.


Name of examining Officer: ................................ Date and Stamp: .............................


FUMIGATION OR DISINFECTION TREATMENT


Treatment: .................................................................................................................

......................................................................................

.....................................................................................


Date: ........................................


Signature: .................................


Designation: ..............................


DESCRIPTION OF CONSIGNMENT


Name and address of Exporter: .................................................................................

.............................................................

.............................................................


Name and address of Consignee: .......................................................................................

.............................................................

.............................................................


Number and description of packages: ......................................................................


Distinguishing marks: ...............................................................................................


Country of Origin: .....................................................................................................


Means of conveyance: ...............................................................................................


Port of entry: ..............................................................................................................


Quantity and name of produce: ..................................................................................


Botanical name(s): ......................................................................................................


_______________


FORM ‘B’


MINISTRY OF COMMERCE AND NATURAL RESOURCES
Tuvalu
Plants Ordinance (CAP. 39)


PERMIT TO IMPORT PLANTS


PERMIT NUMBER: .....................


To: ...................................

...........................

...........................


Subject to the provisions of the Plants Ordinance, and to the conditions endorsed below, permission is granted to you to import the following plants-



Botanical
Name

Common
Name

Quantity
or
Number

Nature (cuttings, plants)
seeds etc.

Country of Origin






Conditions:
1. This permit is valid for a period of .................................... from the date of issue.


2. The plants may only be imported through ..............................................................

(port of entry)
3.


4.


5.


Date and Stamp: ................................. Signed: .......................................................

(Agricultural Officer)


__________________


SCHEDULE 2


FEES


(Section 14)


Fees for the inspection and treatment of plants and plant material prior to issuing a Phytosanitary Certificate under section 14(2).


Plants:


Seedlings of any plant ... ... ... 50c each


Cuttings of any plant ... ... ... 50c "


Corms of banana, babai and taro ... ... $1.00 "


Seeds of any plant ... ... ... 50c per kilo.


Plant Products:


Fresh:


Bananas .. .. .. 5c per kilo.


Coconuts (husked) .. .. 5c " "


Babai and taro .. .. 5c " "


Breadfruit .. .. .. 5c " "


Pandanus .. .. .. 5c " "


Vegetable .. .. .. 5c " "


Copra .. .. .. .. 10c " "


Plant Material:


Handicrafts:


Floor mats .. .. .. .. ..10c per square metre


Baskets, hats, canoes, skirts, ,fans, fish

traps, swords, tablemats .. .. ..10c each


Other Plant Material .. .. ..10c per item or per kilo

Whichever is, in the opinion of the Agricultural Officer appropriate.


_____________


SUBSIDIARY LEGISLATION


Appointment of quarantine officers under section 3(1)

G.N. 29/68

The persons from time to time holding the following offices are appointed quarantine officers-


Agricultural Officer


Senior Agricultural Assistant


Agricultural Assistant


Prohibition order under section 4(1)


PROHIBITION OF IMPORTATION OF PLANTS ORDER

L.N. 7/77
L.N. 9/79


Citation


l. This Order may be cited as the Prohibition of Importation of Plants Order.


Prohibition of importation of certain plants and of all plants and off all plants from certain countries


2. Subject to the provisions of this Order the importation is prohibited of-


(a) Any plant known as or belonging to the species of any of the following families:-


(i) Arecaceae (Palmae) -Palms


Musaceae -Bananas


Araceae -Taro


Pandanaceae -Pandanus


Moraceae -Breadfruit


Caricaeae -Pawpaw


(ii) The rubber plant Hevea brasiiliensis.


(b) All plants from the following countries or regions -


American Samoa
New Hebrides
Caribbean (W. Indies)
Niue
Cook Islands
Papua New Guinea
Florida
Philippines Republic
French Polynesia
Solomon Islands
Ghana
South India
Gilbert Islands
Sri Lanka
Guam
Togoland
Guyana
Tokelau Islands
Home Island
(Futuna - Alofi)
Tonga
Indonesia
Trust Territory of the Pacific Islands
Malagasay Republic
Venezuela
Malaysia
Wallis Island
Marquesas Islands
Western Samoa
Nauru


Exemptions from prohibition


3. The prohibition of the importation of plants shall not apply to any goods of the following descriptions -


Tinned fruits and vegetables
Dried fruit

Frozen vegetables

Rice (dehusked)

Flour, cereals, biscuits

Nuts (for consumption)

Tea, coffee, cocoa, sugar (for consumption)

The leaf of the pandanus when woven into a mat

Cooked plant material (for consumption)

Goods imported by or with the authority of an Agricultural Officer for purposes of plant research and development under the Ministry


Restrictions on importation of plants


4. Any plant not specified herein other than a plant whose importation is prohibited by or under this Order which any quarantine officer believes capable of carrying plant pest or disease may be seized at the port of importation by a quarantine officer and retained by him until the Agricultural Officer has determined that the said plant shall be fumigated, destroyed or returned to the person to whom it is consigned or by whom it is imported.


Regulations under section 10
Rev. 1952. p. 675

PLANTS (SHIPPING) REGULATIONS


Citation


1. These Regulations may be cited as the Plants (Shipping) Regulations.


Declaration by master of vessel from prohibited place


2. The master of any vessel which has within the past 20 days called at any place from which the importation of plants is prohibited by order under section 4, hereinafter referred to as a prohibited place, shall immediately upon arrival in Tuvalu make to the Agricultural Officer a declaration to the effect that within 12 hours of leaving such place he personally inspected the vessel and caused to be removed therefrom all plants the product of such place other than plants consigned as cargo in the vessel.


Duty of master


3. The master of any vessel arriving in Tuvalu from any prohibited place shall ensure that plants, the product of such prohibited place, consigned as cargo in the vessel are not carried in the same hold as general cargo and mails intended for discharge with Tuvalu.


Plants and cargo


4. The master of any vessel arriving in Tuvalu from any prohibited place shall keep all plants the product of such prohibited place and consigned as cargo in the vessel and all cargo or other articles, other than the baggage, clothing or personal effects of any person on board, loaded in such prohibited place in holds which shall be closed and which may be opened for the discharge of cargo and mails only at the direction of and in the presence of the Agricultural Officer during the stay of the vessel in Tuvalu.


Ventilators


5. The master of any vessel arriving in Tuvalu from any prohibited place shall ensure that all ventilators and openings of all holds other than hatch covers and doorways are completely covered to the satisfaction of the Agricultural Officer with wire gauze of a mesh not greater than a quarter of an inch.


Fumigation


6. Whenever the Agricultural Officer deems it necessary, he may require the master of any vessel arriving in Tuvalu from any prohibited place to fumigate the vessel and the master shall thereupon cause the vessel to be fumigated in such manner as the Agricultural Officer may direct.


Mooring


7. Whenever the Agricultural Officer deems it necessary, he may require the master of any vessel arriving in Tuvalu from any prohibited place to cause the vessel during the stay of the vessel in Tuvalu to stand off at a distance of at least 800 yards from the shore during the hours between sunset and sunrise.


Hours of work


8. The master of any vessel arriving in Tuvalu from any prohibited place shall, if the Agricultural Officer so requires, prohibit all work of loading or unloading the vessel during the hours between sunset and sunrise.


_______________________


Regulations under section 13


PLANTS (PREVENTION OF DISEASE AND PESTS) REGULATIONS

L.N. 33/65
L.N. 12/66


Citation


1. These Regulations may be cited as the Plants (Prevention of Disease and Citation Pests) Regulations.


Interpretation


2. In these Regulations, unless the context otherwise requires -


"coconut palm" includes the trunk, stem or other part of such palm;


"clean area" means an area which is not an infected area;


"earth" includes soil, loam, sand, compost, humus, ashes and similar material;


"infected area" means an area declared an infected area under regulation 4;


"insect" includes the egg, larva, nymph, and pupa of any insect;


"insect pest" means any insect specified in Schedule 1;


"inspector" means a person for the time being appointed by the Minister to be an inspector for purposes of these Regulations;


"plant disease" means any plant disease specified in Schedule 2.


Insects pests and plants diseases


3. (1) Any insect specified in Schedule 1 is hereby declared an insect pest for purposes of these Regulations.


(2) Any plant disease specified in Schedule 2 is hereby declared a plant disease for purposes of these Regulations.


(3) The Minister may by notice from time to time add or delete any insect pest to or from Schedule 1 or add or delete any plant disease to or from Schedule 2.


Declaration of infected areas


4. The Minister may declare by notice any area within Tuvalu to be an infected area for the purposes of these Regulations.


Importation etc. of insect pests and plant diseases into clean area without permission an offence


5. Any person who, without the written permission of the Minister, shall take into any clean area in Tuvalu any insect pest or plant disease shall commit an offence.


Movement of earth


6. Any person who, without the written permission of the Minister, shall move any earth from an infected area to any place outside such area shall commit an offence.


Instructions of inspector


7. (1) An inspector may serve on the occupier of any land in an infected area or, if such land is unoccupied, on the owner thereof, written instructions in the vernacular for the destruction of any insect pest or plant infected with plant disease, or for the clearing from all or such parts of such land as the inspector may consider necessary of all weeds, grass, undergrowth or dead coconut palms.


(2) Any owner or occupier, as the case may be, who without lawful excuse, the proof whereof shall lie on him, fails to carry out any instructions given to him under paragraph (1) with all reasonable diligence shall commit an offence.


Duties of occupiers of land upon which there is any insect pest or plant disease


8. (1) Any person who occupies any land upon which there is any insect pest or plant disease shall forthwith notify the Minister and shall use his best endeavours to kill or otherwise eradicate the insect pest or plant disease.


(2) Failure to comply with the provisions of this regulation shall constitute an offence.


(3) It shall be a defence to any charge under this regulation (the proof whereof shall lie upon the person charged) that he did not know, nor, in all the circumstances of the case was it reasonable to expect that he should have known, that such insect pest or plant disease was on his land.


Powers of inspector


9. (1) It shall be lawful for any inspector to enter upon any land or premises (other than any dwelling - house) in any part of Tuvalu for the purpose of searching for any insect pest or plant disease and for him to do all things reasonably necessary for the purposes of such search.


(2) Any inspector may carry out on any land or premises (other than a dwelling - house) in any infected area, such measures as he may consider reasonable and necessary for the destruction of any plant disease or insect pest, or the breeding places or potential breeding places of such pest.


(3) For the purpose of carrying out measures under powers conferred by paragraph(2), an inspector may bring or send on to the land or premises in question such persons as he considers necessary for that purpose.


(4) The cost of measures carried out under the powers conferred by paragraph(2) may be recovered from the occupier, or where there is no occupier, the owner as a debt due to the Crown.


Inspector may board and inspect vessels in certain areas


10. (1) An inspector shall be entitled to board any vessel in an infected area or in territorial waters fronting such infected area for the purpose of inspecting such vessel for the presence of insect pest or plant disease and may do all things which he reasonably considers necessary for the purpose of such inspection and for the destruction of any insect pest or plant disease found on such vessel.


(2) The master of a vessel in an infected area or in territorial waters fronting such infected area, shall give the inspector all reasonable facilities for the proper exercise of his powers under this regulation.


Vessel voyaging from infected area to a clean area


11. (1) On each occasion when a vessel voyages from an infected area to a clean area, the master of such vessel shall be in possession of a certificate in the form contained in Schedule 3, signed by an inspector.


(2) The master of a vessel who intends to voyage from an infected area to any part of a clean area, shall inform an inspector at such infected area, at least 1 hour before the departure of such vessel of the time and if necessary, the date, of his departure on such voyage.


(3) A certificate signed by an inspector shall be of no effect unless the master departs upon the voyage in respect of which it is granted, forthwith upon the issue of such certificate.


(4) A certificate shall cease to have effect when the vessel, having departed from an infected area on voyage to a clean area, arrives at any part of such area.


(5) No inspector shall issue a certificate unless immediately prior to the issue thereof, he has satisfied himself that the vessel has on board no insect pest or plant disease.


Power to board vessels


12. (1) An inspector shall be entitled to board any vessel which-


(a) is about to depart on a voyage; or


(b) is in the course of a voyage; or


(c) has within the previous 48 hours completed a voyage;


and may inspect such vessel for the presence of insect pests and plant disease and may do all things which he reasonably considers necessary for the purpose of such inspection and for the destruction of any insect pest or plant disease found thereon.


(2) The master of such vessel shall give the inspector all reasonable facilities for the proper exercise of his powers under this regulation.


(3) The master of such vessel shall upon demand by an inspector at any time during the course of a voyage or within 48 hours of the completion thereof produce for inspection the relevant certificate issued under regulation 11.


(4) For the purpose of this regulation "voyage" means a voyage for which a certificate is required under the provisions of regulation 11.


Inspection points


13. (1) The Minister may set up inspection points on any road in or near an infected area. The setting up of any such point shall be declared by notice.


(2) Every driver of a vehicle shall on reaching an inspection point stop the vehicle and shall not leave such point until the vehicle has been inspected for the presence of insect pests or plant disease by an inspector:


Provided that the Minister may by notice provide for exemption from this requirement under circumstances set out in such notice.


(3) An inspector shall be entitled to inspect for the presence of insect pests or plant disease any vehicle which comes to the inspection point and any baggage or load in such vehicle and may do all things which he reasonably considers necessary for the purpose of carrying out such inspection and for destruction of any insect pests or plant disease found.


(4) The driver of any vehicle which comes to an inspection point shall give all reasonable facilities to an inspector to enable the inspection to be carried out.


Inspection


14. (1) The inspector shall be entitled to inspect for the presence of insect pests or plant disease any basket, mat or agricultural produce carried or conveyed by any person in an infected area and may do all things which he reasonably considers necessary for the purpose of carrying out such inspection and for the destruction of any insect pest or plant disease found.


(2) Any person carrying or conveying a basket, mat or agricultural produce in an infected area shall upon request by an inspector grant all reasonable facilities to enable the inspection of such basket, mat or agricultural produce to be carried out.


Export of plants from an infected area


15. (1) Any person who, except with the permission in writing of the Minister, exports or causes to be exported from an infected area any plant, or package or wrapping or earth which may have contained or come in contact with any plant, for the purpose of importing such plant or causing such plant to be imported into any clean area in Tuvalu shall commit an offence.


(2) An inspector shall be entitled to board any vessel which he has reason to believe is about to leave an infected area for any clean area in Tuvalu and to search the vessel and any cargo or baggage therein and may seize any plant, or package or wrapping or earth which may have contained or come in contact with any plant, unless he is satisfied that it is not intended to export such plant, package, wrapping or earth in contravention of the provisions of this regulation.


Obstruction of inspector


16. Any person who obstructs an inspector in the exercise of any powers conferred upon him by these Regulations shall be guilty of an offence.


Saving


17. The provisions of these Regulations shall be in addition to and not in derogation of the provisions of the Plants (Shipping) Regulations.


__________


SCHEDULE 1
(Regulation 3)


INSECT PESTS


Scientific name Common name

Oryctes Rhinoceros Rhinoceros beetle

Icerya Aegyptiaca Mealy bug


__________


SCHEDULE 2
(Regulation 3)


PLANT DISEASES


Alphelenchus cocophilus Red ring

Bread-fruit decline known as "Pingelap disease".


__________


SCHEDULE 3
(Regulation 11)


FORM OF CERTIFICATE PERMITTING VOYAGE


Tuvalu
Plants Ordinance (CAP. 39)


PLANTS (PREVENTION OF DISEASE AND PESTS) REGULATIONS


PERMIT FOR VOYAGE


It is hereby certified that the vessel ............................................................. has on board

(Name of ship)
immediately prior to the time of the issuing of this certificate by me no insect pest or plant disease and may clear from the infected area at ....................................................................

(Place of infected area)
by ............................................. o'clock in fore/afternoon on the ........................................... (Time by which vessel must clear)
day of ............................, 19........, sailing for ..................................................................


........................................

Date: Signature of Inspector


Appointment of inspectors under the definition of inspector in regulation 2
G.N. 29/68


The persons holding the following offices are appointed inspectors-


Agricultural Officer

Senior Agricultural Assistant

Agricultural Assistant


________________________________


Regulations under section 10 (See page 12 also.)
L.N. 4/81


PLANTS (QUARANTINE DISEMBARKATION CARDS) REGULATIONS


Commencement; 15th March 1981


Citation


1. These Regulations may be cited as the Plants (Quarantine Disembarkation Cards) Regulations.


Quarantine Disembarkation Cards


2. (1) Every passenger arriving in Tuvalu by sea or air shall furnish to the Quarantine Officer, in addition to any other information which may be lawfully required, a duly completed Quarantine Disembarkation Card which shall include the matters provided for under the Importation of Animals (Quarantine Disembarkation Card) Regulations.


(2) The Quarantine Disembarkation Card provided for in paragraph (1) of this Regulation shall be in the form set out in the Schedule to these Regulations and shall be signed by the passenger furnishing the same.


(3) Where any passenger is below the age of 16 and is accompanied by an adult that adult may include the passenger’s name in his Quarantine Disembarkation Card, in which case the passenger shall not be required to supply a separate Quarantine Disembarkation Card.


(4) Where a passenger is by reason of age or any other reason unable to complete a Quarantine Disembarkation Card the Quarantine Officer may dispense with that passenger furnishing such card.


Untrue declaration, etc.


3. No person shall-


(1) make or sign or cause to be made or signed a Quarantine Declaration Card knowing that the Card is untrue in any material particular; or


(2) deliver or cause to be delivered to any Quarantine Officer a Quarantine Disembarkation Card which he knows to be untrue in any material particular.


_________


SCHEDULE
(Regulation 2)


TUVALU QUARANTINE DISEMBARKATION CARD


All the questions below must be answered YES or NO by a mark in the appropriate column alongside the entry.


1. During the last three months were you: YES NO


(a) at any farm..............................................................................


(b) in contact with any farm animals.............................................


(c) at any abattoir or meat packing establishment..........................


2. Have you on your person or in your baggage any of the following:


(a) FOOD (unless canned) including all meats, sausages, salami, ham, poultry, fats, eggs, milk, baby food, butter, cheese etc....................................................


(b) PLANTS including all parts of plants, fruit, nuts, seeds, flowers, straw, wooden articles, bamboo, mushrooms.................................................................


(c) Soil or earth ..................................................................................................


(d) Animals, reptiles, fish, birds or insects whether alive, stuffed or mounted ............................................................................................................................


(e) Animal products including feathers, semen, skins, hatching eggs or any part of an animal........................................................................................................


Date ................... Flight No. or Ship Name ...............................................................
Passenger’s name (in block capitals) ..........................................................................


I HEREBY DECLARE that this card is completed accurately and that I am aware that it is an offence punishable by a fine and/or imprisonment to make or deliver to a quarantine officer a Quarantine Declaration Card which I know to be untrue in a material particular. (I make this declaration also on behalf of the child/children accompanying me).


Passenger’s Signature ..........................................................................................


NOTES: The inclusion of any item does not mean that it will not be permitted to bring that item into Tuvalu. The Quarantine Officer will inform you which items may not be imported. Only those items constituting a risk to the flora or fauna of Tuvalu are prohibited. Children travelling with an adult may be included in the adult's declaration but wives should complete a separate card.


PLEASE HAND COMPLETED CARD TO THE QUARANTINE OFFICER. IF YOU HAVE ANY DOUBT ABOUT ANY ITEM PLEASE BRING IT TO THE ATTENTION OF THE OFFICER WHO WILL ADVISE YOU.


THANK YOU FOR YOUR COOPERATION.


------------------------------------


PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/tv/legis/consol_act/po150